Role of Theories of Punishment in the Policy of Sentencing

Krishna Kumari Areti, ICFAI

Abstract

In this article it is proposed to analyze various theories of punishment. Austin considered sanction as an essential ingredient of law. It is only through sanction that obedience to law can be secured. Sanction is nothing but inflicting pain or injury upon the wrong doer. This in a way can be called punishment. The immediate consequence of a criminal act is punishment. The term punishment is defined as, "pain, suffering, loss, confinement or other penalty inflicted on a person for an offence by the authority to which the offender is subjected to." Punishment is a social custom and institutions are established to award punishment after following criminal justice process, which insists that the offender must be guilty and the institution must have the authority to punish. In this article an attempt is made to discuss the policy of sentencing vis-à-vis various theories of punishment and their efficacy and effectiveness in the light of modern penology.